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HomeMy WebLinkAbout03/04/1993 - Minutes - Planning & Zoning CommissionMINUTES • Planning and Zoning Commission CITY OF COLLEGE STATION, TEXAS March 4, 1993 7:00 P.M. MEMBERS PRESENT: Commissioners Gribou, Smith, Mariott, Hall and Lane. MEMBERS ABSENT: Chairperson Hawthorne and Commissioner Herring. STAFF PRESENT: Senior Planner Kee, Planning Technician Thomas, Staff Planner Kuenzel, Transportation Planner Hard, Assistant to the City Engineer Morgan and Development Coordinator Volk. AGENDA ITEM NO. 1: Approval of the minutes from the meeting of February 18, 1993. Commissioner Gribou moved to approve the minutes from the meeting of February 18, 1993 as presented. Commissioner Smith seconded the motion which passed unopposed (5 - 0). Commissioner Hall informed the audience that the Commission would not discuss item number seven on the agenda pertaining to the land use plan of the F M 2818 study area. The City Council asked that that • item be placed on the agenda to allow the Commission the opportunity to discuss or make further recommendations on the F M 2818 extension area land use plan that was discussed in a joint meeting between the City Council and the Commission on Wednesday, March 3, 1993. The Commission has the discretion to discuss this item at their next available meeting on March 18, 1993 to allow input from the two Commissioners that are not present at tonight's meeting. AGENDA ITEM NO. 2: Public hearing to consider the ratification of a conditional use permit issued to the St. Thomas Episcopal Church to expand their existing facilities at 906 George Bush Drive. (92-708) Staff Planner Kuenzel informed the Commission that an error was made during the preparation of the notification list for the public hearing of the conditional use permit that allowed the expansion of the church. The Commission granted the use of the expansion on October 18, 1990. The site plan was reviewed by the Commission on June 4, 1992. Both items required a public hearing with proper notification of all property owners within 200' of the site. On January 15, 1993, the owner of the abutting property, Mrs. Frankie Sanders, stated that she had not received notification of the second meeting. Staff reviewed the list of property owners and asserted that she had not been sent a letter of notification. The City's legal department has determined that the Commission's action is invalid and the site plan must therefore come back before the Commission for official validation. Sixteen surrounding property owners were notified of this public hearing with one response in the form of a letter from Mrs. Frankie Sanders. Assistant to the City Engineer Morgan informed the Commission that Mrs. Sanders and Mr. Eknoyan attended the October 18, 1990 meeting at which they sent a letter expressing their concerns with the proposed expansion pertaining to increased drainage and noise in the area. At that meeting, there was discussion about a small berm that runs between the church property and Mrs. Sander's property which the church installed several years ago to help address the drainage problem on Mrs. Sander's property. • Over the past several months, staff has met'with Mrs. Sanders and representatives of the St. Thomas Episcopal Church to discuss Mrs. Sander's concerns. Mrs. Sanders receives drainage from the church and the alley northeast of her property due to the, natural topography of the area. The church, as currently designed, will not change their existing drainage and the run-off will not increase. The church has met the drainage ordinance by retaining any increased run-off due to the additional impervious area, in a detention pond. Commissioner Hall opened the public hearing. • David Woodcock of 1511 Wolf Run and Chairman of the Building Committee for the St. Thomas Episcopal Church approached the Commission and stated that the church has worked diligently with staff since the conditional use permit was granted and clarified all drainage issues. The church has agreed to erect a 6' privacy fence between their property and Mrs. Sander's property to help minimize the effects of noise on the playground. There will be no increase in noise on the property. The new classroom replaces the existing white house that is currently being used for classrooms. Commissioner Hall closed the public hearing. Commissioner Gribou moved to ratify the original conditional use permit granted to the St. Thomas Episcopal Church on June 4, 1992. Commissioner Mariott seconded the motion which passed unopposed (4 - 1 - 0); Commissioner Hall abstained. AGENDA ITEM NO. 3: Public hearing to consider a conditional use permit request by Don Ganter to operate a nightclub in the former Campus Theater located on the southwest corner of University Drive and Boyett; 217 University Drive. (93-707) Staff Planner Kuenzel presented the staff report for a proposed nightclub to be located in the former Campus Theater. This applicant has received previous approval fora nightclub much like the one currently proposed which also included the additional parking lot across Patricia Street. Twenty-eight surrounding property owners were notified with one response by someone who does not live in College Station; but, she is concerned that this is a quiet area and should not be disturbed. Commissioner Hall opened the public hearing. • Tom Parker of Group 4 Architects and representative of the applicant, Don Ganter, approached the Commission and offered to answer any questions pertaining to the proposed request. He stated that the original building permit issued for construction has since expired and that construction was never started. The proposed design shown on the original plans may change due to the new ADA (American Disabilities Act) requirements pertaining to the second floor. If Mr. Ganter decides that it is not economically feasible to place an elevator in the building to meet the ADA requirements, the second floor may be eliminated; thus, reducing the total occupancy load. Doctor Reverend Thomas Estes of the A & M Presbyterian Church approached the Commission and stated that he is concerned with the parking deficiency in the entire Northgate area. If this particular nightclub requires 192 parking spaces and only provides 52, the remainder of the Northgate area, including neighboring businesses and churches, will have to provide the additional parking. Doctor Reverend Estes stated that another major concern is with trash in the area. There is currently a problem with beer cans, broken bottles and trash in the area. With the proposed nightclub, the city is allowing more of the same in the Northgate area. Norma Bankston of 1103 North Eleventh Street in Temple informed the Commission that she owns five apartment buildings in the Northgate area. One of the apartment buildings is located adjacent to the proposed parking area for the nightclub. Ms. Bankston stated that she currently has problems with patrons of surrounding businesses parking in the tenant spaces; with the proposed nightclub, this problem will only get worse. Ms. Bankston concluded that trash is also a major problem in the area and that the safety and comfort of the residents is her main concern. Larry French of Baytown, Texas informed the Commission that he is the owner of 306 First Street. He stated that his main concerns with the proposed nightclub are parking and noise. Grace French also of Baytown, Texas and owner of 306 First Street, approached the Commission as a member of the Aggie Moms Club and a retired teacher. She stated that as a mother and parent, she would prefer not to have students loitering around a bar. P & Z Minutes March 4, 1993 Page 2 Commissioner Hall closed the public hearing. He stated that Northgate is a special zoning district in which the city has tried to work with the different business owners in the area. There is definitely a need • for an overall parking plan for Northgate; however, the Commission is charged with looking at the use of a vacant building in the area. Once the building is occupied, the tenant may be better able to address some of the concerns in the area. Parking will continue to be a problem as long as there is a lack of land available in the area. Commissioner Mariott stated that this property owner is providing 52 parking spaces while other surrounding businesses and nightclubs provide little or none. He moved to grant a conditional use permit to Don Ganler to operate a nightclub in the lormer Campus Theater located at 217 University Drive. Commissioner Lane seconded the motion. Commissioner Gribou stated that he is not convinced that this area should be a row of bars; however, we have the opportunity to improve a building that has been sitting vacant for some time and to improve an existing parking area. The lack of parking in this area should be addressed on a much larger scale. The motion to grant the conditional use permit passed unopposed (5 - 0). • I~ AGENDA ITEM NO. 4: Public hearing to consider a conditional use permit request by KSK Entertainment to operate a nightclub in the former Schulman Theater located at 226 Southwest Parkway. (93-706) Stall Planner Kuenzel presented the staff report for a nightclub to be located in the former Schulman Theater. The proposed use is for a dance club with live entertainment. The applicant has submitted similar proposals for two other locations -The Village Shopping Center (by the Golden Corral restaurant) and the Chimney Hill Shopping Center. The Commission approved both permits; however, the applicant has chosen a new location. The applicant is proposing to use approximately 3700 square feet or the center portion of the building as the actual nightclub. The remainder will be used for office space, storage or left vacant. The city will require repair of the existing parking lot and curbing as well as compliance with the landscaping plan that had been approved with the theater plans. Seven surrounding property owners were notified with two inquiries. Commissioner Gribou questioned staff as to any structural problems with the existing building. Staff Planner Kuenzel informed the Commission that a building permit will be required for the proposed renovations; at that time, the structural integrity of the building will be reviewed. Commissioner Hall opened the public hearing. Pat Siegert of 8701 Chippendale and of Clarke and Wyndham Realty, approached the Commission and stated that prior to the building being occupied, there will be extensive remodeling. The applicant will work with a structural engineer to ensure the structural soundness of the building. Mr. Siegert stated that there is a problem with installing a screen fence that staff required as part of the Project Review Committee. The lot immediately adjacent to the trailer park is not part of this property and is under separate ownership. Sam Henderson of 735 Eagle Pass in Bryan, approached the Commission and stated that he is the future operator of the nightclub. The proposed occupancy load is approximately 300 people and the hours of operation will be from 8:00 p.m. to 2:00 a.m., Wednesday through Sunday. Mr. Henderson referred to a written statement submitted to the Commission concerning the proposed noise ordinance. Charles Hoppy of Caldwell, Texas informed the Commission that he owns the adjacent Wonder World day school. He expressed concern with the safety of teachers and cleaning personnel that work after hours at the center. Mr. Hoppy also expressed concern of patrons of the nightclub parking in his lot because it will be closer to the front door than the spaces provided at the rear of the lot. The school begins at 7:15 a.m. and it is not appropriate for parents to leave their children at a facility where there is trash, including beer bottles and cans, in the parking lot. P & Z Minutes March 4, 1993 Page 3 Mr. Hoppy explained that the applicant proposes to open at 8:00 p.m.; however, if the nightclub needs to make extra money, they may decide to open earlier and possibly have a happy hour. If this were the case, there will still be students on the playground waiting for their parents to arrive. Having a nightclub located and operated next door sets a bad example for the students of the school. Mr. Hoppy concluded that there are night programs held approximately three to four times a year that would be disturbed by the parking and noise of the nightclub. Allen Swoboda of 8605 Topaz and the owner of the adjacent Oak Forest Mobile Home Park approached the Commission and stated that his main concern is subjecting the residents of the park to the same negative impacts that were present when the Edge nightclub was located in this same general area. One of the main problems with the previous nightclub was noise. The Edge nightclub had over 100 official complaints filed against them in a twenty month period. The base sound coming from the nightclub would vibrate the mobile homes up to 1000 feet away. Tenants of the park also had problems with trespassing; trash, bottles and cans being left in their yards; fights breaking out in their yards and patrons of the nightclub urinating and vomiting in their yards. The noise ordinance discussed earlier is not in effect and there is no guarantee that it will be. At this time, no one can guarantee the residents of the park that they will be able to sleep while the proposed club is in operation. Diane Williams of 201 Krenek Tap #58 informed the Commission that her mobile home is located next to the proposed parking area for the nightclub where the existing fence ends. She stated that she had problems with patrons of the previous nightclub urinating in her yard, leaving beer cans, fighting and trespassing into the park property. If the fence were extended, it may deter trespassing; however, there are still the issues of noise and trash that have not been addressed. Michelle Barry of 301 Krenek Tap #27 stated that the Oak Forest park is a quiet family park and that the children of this area are attempting to go to bed at the time this bar is proposing to open. La Merle Benton of 301 Krenek Tap #82 informed the Commission that there are several widow women • who live in the park and walk through this area to get to the Winn Dixie grocery store. If a fence is extended across this property, they would have to walk around and down Texas Avenue to buy their groceries. Ms. Benton stated that she moved to the mobile home park to escape from the "partying" atmosphere of apartments in College Station. She concluded that the residential neighborhood is peaceful and should remain that way. Dee Gibbs of 301 Krenek Tap #28 approached the Commission and stated that there is no way that the proposed nightclub can be completely soundproofed. She explained that she manages a rock and roll band and that there is definitely a difference between theater noise and nightclub noise. Ms. Gibbs stated that she understands the need for new business; however, she is on call twenty-four hours a day and needs to be able to sleep without being disturbed lrom the nightclub noise. Belinda Hughes of 301 Krenek Tap #129 informed the Commission that she can hear the children playing in the afternoon from the Wonder World school. Il the residents can hear the children playing, they will definitely be able to hear the music as well as the car traffic from the proposed nightclub. Diane Fritz of 1000 Harrington approached the Commission and stated that she is the current manager of the Oak Forest mobile home park. She slated that one of her main concerns is with the trash associated with a nightclub. The park would have to hire additional personnel to pick up trash on their property. Ms. Fritz stated that the noise lrom the music may not be as bad as when the Edge nightclub was located in the shopping center; however, the residents will still be disturbed by the patrons screaming and slamming car doors in the parking lot. There are currently 167 mobile homes in the park with approximately two to four people in each home. The proposed nightclub could potentially disturb over 600 residents. • Billy Howard, also a resident of the park, informed the Commission that the reason he moved to the Oak Forest Mobile Home Park is because it is clean and quiet. He stated that his home is less than 50 yards from the parking lot of the club which would subject him to noise from the club and parking lot as well as patrons throwing beer cans and liquor bottles over the proposed fence. P & Z Minutes March 4, 1993 Page 4 Joe Dillard, also a resident of the park, expressed concern with the security of the residents of the park, • especially those who's home abut the proposed parking lot. He added that he is also concerned with the noise and trash expressed by other residents of the park. Mr. Dillard informed the Commission that he and his wife are currently students at Texas A & M as well as many other residents of the park. With the proposed nightclub, the residents of the park would not be allowed to study in their own home. Pattie Swoboda approached the Commission and stated that she was the acting manager of the park when the Edge nightclub was operating. She stated that it is not fair to subject the residents of the park to another nightmare like the Edge nightclub. Paul Clarke of Clarke and Wyndham Realty approached the Commission and stated that they own approximately 134 acres just down the street from the proposed nightclub and share some of the same concerns expressed by the mobile home park residents. However, the former Edge nightclub was in another building that was less than 100' away from the nearest home. The former Schulman building is greater than 400' from the nearest home. Mr. Clarke explained that the proposed building is an ideal facility for a nightclub. The building has already been treated to facilitate noise, there is an unlimited amount of expansion space and there is more than enough parking. The nightclub will be located in the center of the building so that there is an additional buffer between the club and the exterior walls of the building. Mr. Clarke stated that they have a contractual agreement with the lessee to pick up the nightclub parking lot and trash on surrounding properties resulting from the nightclub. He stated that if the owners of the mobile home park would grant the applicant an easement, they would install the privacy fence; however, there are two acres between the proposed nightclub and the mobile home park that are under separate ownership. Mr. Clarke stated that they would also install a gate that would allow people to walk from the park to the Winn Dixie shopping center. Sam Henderson readdressed the Commission and stated that security is an important element for the nightclub. If patrons of the nightclub do not feel safe entering and exiting the building, they will not • frequent the nightclub. Mr. Henderson stated that he will not only have security patrolling the interior, but the exterior as well. He plans to have one person policing the parking lot from 9:00 p.m. to 12:00 a.m.; and after 12:00 a.m., two people will police the parking lot until after closing to help patrons leave the parking lot as quietly as possible. Mr. Henderson informed the Commission that he consulted a sound engineer who conducted a test on the former Edge nightclub which is located 20' from the first mobile home. The engineer found that sound is escaping from the roof, the emergency exits and cracks in the insulation. According to the draft noise ordinance and the findings of the sound test, another nightclub in this location would not be acceptable. The former Schulman building is much further away from the mobile home park and the dance floor, which is somewhat underground and located at the north end of the building away from the park. Because of the distance from the mobile home park and the underground design of the dance 11oor, the base noise that was such a problem with the Edge nightclub will not be a problem at the proposed location. The engineer took a reading at midnight by the closest trailer to determine the level of atmospheric sound which read 60 decibels. The night club should not produce more than 50 decibels at the closest trailer -which is allowed by the current draft ordinance. Mr. Henderson stated that the club will be a high energy nightclub and there is no need for a happy hour. The targeted clientele of college students between the ages of 18 and 24, would not attend a happy hour. There is a possibility that the club will occasionally have live music; however, the music will be routed through the club's tract eight sound system which will never exceed 110 decibels. A directional base speaker system will he installed with speakers suspended from the ceiling and aimed down towards the dance door. Mr. Henderson concluded that the emergency doors will not be propped open - as was often done with the Edge nightclub - to alleviate the smoke. Commissioner Hall closed the public hearing. Commissioner Lane stated that he does support business going into vacant buildings; however, he would • need more technical information on the sound issues to determine how the residents will actually be effected prior to taking action on the conditional use permit request. P & Z Min~~tes March 4, 1993 Page S Commissioner Marion stated that the noise from the parking lot seems to be the issue. If you have 300 • people entering and exiting a parking lot, there is going to be a noise problem. Commissioner Mariott moved to deny the conditional use permit for ~t nightclub to be located in the former Schulman theater building at 226 Southwest Parkway. Commissioner Smith seconded the motion which failed (2 - 3); Commissioners Gribou, Hall and Lane voting in opposition to the motion. Commissioner Lane made a motion to table the conditional use permit request to allow the applicant time to collect more technical information to present to the Commission. He suggested that the applicant provide interior elevation information in addition to information addressing other concerns expressed during the public hearing. Commissioner Gribou seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 5: Consideration of a preliminary plat for the Elm Crest Subdivision located along Welsh north of Rock Prairie Elementary. (93-303) Senior Planner Kee presented the staff report and recommended approval with the presubmission comments, specifically: -- address sanitary sewer service to lots 12 and 13; -- propose thoroughfare screening along Welsh; -- provide additional easement along Welsh; -- provide a temporary turnaround al the end of Mint. If the turnaround is off-site, indicate adjacent property owner agreement and easement; • -- submit evidence that the off-site drainage facility is agreed to by the property owner; -- sidewalks are required along both sides of Mint; and, -- coordinate with Rock Prairie Estates. Senior Planner Kee stated that this preliminary plat layout proposes a collector providing access from Welsh Street west to the area planned as Rock Prairie Estates. It would eventually connect to Rock Prairie Road. This layout does not match the existing approved master plan for Rock Prairie Estates to the west. However, Steve Arden (representing the Rock Prairie Estates development) has indicated that this alignment will work for the development. The developer will submit revisions to the master plan that will address this new alignment. Dan Bensimon of Myrad Real Estate, Inc. informed the Commission that the temporary turnaround required at the Project Review Committee meeting is not desired. If forced to provide the turnaround, one lot with frontage along Mint Avenue will have to be eliminated thus not making it economically feasible for the remaining three lots. The turnaround cannot be provided on the adjacent property due to a large grouping of trees that the developer does not want removed. Mr. Bensimon stated that Mint Avenue will be a 39' pavement section that would allow trucks to angle and back up in order to turn around. Once driveways are installed for the lots fronting Mint Avenue, the trucks can use the driveways to turnaround. Mr. Bensimon stated that it is their practice to provide thoroughfare screening; however, the proposed ordinance is not yet in effect and the developer should have the option on the type of screening. The proposed ordinance does not address long term maintenance and there will probably be many changes before the ordinance is actually adopted. Mr. Bensimon stated that Mint Avenue could be • left off of this plat entirely until a later date. Once Rock Prairie Estates installs their portion of Mint Avenue, the remainder could be installed. P & Z MI!]Ul('S March 4, 1993 Page 6 Senior Planner Kee read from section 8-G.5 of the Subdivision Regulations pertaining to dead end streets which states, "Dead end streets shall be prohibited except short stubs to permit extension. Temporary • turnarounds may be required". At the time Rock Prairie Estates develops, Mint Avenue will be extended. The Project Review Committee statement pertaining to thoroughfare screening is not a requirement for the developer to comply with the proposed ordinance. Staff presented the developer with a copy of the proposed ordinance for their information and requested that they show what they are actually proposing as far as screening. Senior Planner Kee stated that she could not support the proposal of leaving Mint Avenue off of this lat. The cit would be lacin 7 the burden of installing Mint Avenue to the four lots Y P b p that remain. Commissioner Gribou moved to recommend approval of the preliminary plat of Elm Crest with staff ~ recommendations. After discussion Commissioner Gribou withdrew his original motion and moved to table the preliminary plat to allow the applicant and staff time to investigate alternatives to the temporary turnaround. Commissioner Lane seconded the motion which passed unopposed (4 - 1 - 0); Commissioner Mariott abstained due to a conflict of interest. AGENDA ITEM NO. 6: Consideration of a final plat for Shenandoah Phase I. (93-204) Assistant to the City Engineer Morgan presented the staff report and recommended approval with the provision of a 5' public utility easement along the west property line of lot 11A to allow for the relocation of street lighting. The purpose of this amending plat is to shift a lot line by 7.5 feet which was previously conveyed by separate instrument. Commissioner Mariott moved to recommend approval of the final plat for Shenandoah Phase I as presented. Commissioner Lane seconded the motion which passed unopposed (5 - 0). • AGENDA ITEM NO. 7: Consideration of the land use plan for the F M 2818 study area. The Commission decided not to discuss this item. AGENDA ITEM NO. 8: Other business. Commissioner Lane informed the Commission that he would not be present for the next meeting scheduled for Thursday, March 18, 1993. He staled that if the Commission decided to discuss the land use plan for the F M 2818 study area, they should consider the area as a whole and not just as one isolated rezoning case. Commissioner Lane stated that he has wavered both ways on the proposed rezoning; however, he did recommend approval of the rezoning request and still maintains his positive vote. As things move forward, the City should look at the overall balance in the area. AGENDA ITEM NO. 9: Adjourn. Commissioner Lane moved to adjourn the meeting of the Planning and Zoning Commission. Commissioner Mariott seconded the motion which passed unopposed (5 - 0). ATTES r/ y P anni g echnician, Natalie Thomas "~ APPR ~E~: ~~ C airperson, Kyle Hawthorne P & Z Minutes Mr-rch 4, 1993 Page 7 n U ~lannin~ e~' Zoning Commission west ~e~i_ster . /~~;~-- l_ -~, - Pate 1 ,' (~ ~ ,. ~ U ' ~_ ~~, • , , ` ,; 1. 'il'l ! ~'. ~ ~~ ~ r~ ~~r~~ ~ ~~' ' " 4. .~ -, ~1~; ~ -~ ~r-. `~l , 6. ~~ ~ ~ ~ ~ ~ 'r~ ~ ~~ ~ ~- C"~~- ~ _ ~~ .~ 9. 10. • 11. 12. 13. -= ~ r - ~ > , ~- .: !~ ~ r' ( Y I~. ~.~' T"~ ~ • -- -~ ~ rfrfress i ~ /~ ~ l ^~~C-:_ ~ ~ C T 1, ~_ ~, -,~, . r ^~ ~V ~ ~~~a l r_ -+!` ti -~ ,~ ~, / _ f .~ _ -- i r /` ~ ~ ~. + - i ~ . •- r {_ _' _/. / ~ :~ I I ~' ~ - ~~ 2~ ~~ 2_3. 2~. 25.